CSA advice forum » Child Support Agency

DNA test says im not the father yet im still paying

(3 posts)
  • Started 1 year ago by reecesanford
  • Latest reply from afairercsaforall.co.uk

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  1. reecesanford
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    After 12 years of ongoing dealings with the CSA they finally gave in to my demands for a DNA test.
    I went through Cellmark their registered company and the results came back saying i was not the father.However after paying for the child for 12 years they are still taking money straight out of my wages.
    They now say nothing will be done until somebody from the CSA takes my photo (which i took for the DNA test) to the mother of the child for her to say either yes or no to me being who she thought was the father.
    They say it has to be done so i can prove who i am.
    Bearing in mind they have taken my money for 12 years,they know where i work and live and have my phone number,and my DNA test results.

    I thought it was bad enough being stuck on the old system paying £299 a month while i was paying a mortgage and only earning £230 a week about 6 years ago. Then lately for them to say i can survive on £190 a week while i pay them £110 a week.They then said it could take until 2015 before i would be on the new system.Coincidence the child would then be 16.

    Hopefully one day i will get some money back,but then they fob me off saying the maximum compensation for all the hassle is £250. WHAT FOR 12 YEARS OF GRIEF!!!!

    Good luck in dealing with this profit related company aka CSA

    Posted 1 year ago #
  2. bry
    Member
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    ICE OR THE INDEPENDANT CASE EXAMINER. this is by the sounds of it a clear cut case contact your MEP, I quote... “Occasionally appeals tribunals and commissioners have found that the regulation that has been used to make a decision is not a regulation that has been made lawfully. In these situations, the regulation is said to be made ‘ultra vires.’ This translates as ‘beyond the scope of its powers.’
    The courts, child support commissioners and tribunals, as well as the CSA itself and JobCentre Plus are all under a duty to follow the law. In some cases, however, the domestic law may not be entirely compatible with European law. Decisions that are made contrary to European legislation are wrong in law. In practice, the law of the European Court of Human Rights is more likely to be applicable in child support cases than European Union law. In the case of EU law relating to the equality of men and women regarding social security matters, commissioners have determined that this does not apply in the realm of child maintenance issues.
    In terms of human rights law (ECHR), the domestic courts are required to interpret this in so far as is possible to do so. Courts, and child support commissioners, are not able to override the European law in order to ‘fit’ with the domestic law. If EU and UK law are found to be incompatible with one another, the courts can declare this incompatibility”.

    Posted 1 year ago #
  3. ICE will not get involved unless the proper complaints process has been followed.

    Posted 1 year ago #

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